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TSCA reform provisions pertinent to manufacturers and processors of nanomaterials

Date: 02/2/2017

An article published in the latest edition of Bloomberg BNA’s Daily Environment Report, Lynn Bergeson and colleagues from Bergeson & Campbell PC provide a “Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials.”

The article reviews and analyses the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, and focuses narrowly on how new TSCA specifically impacts nanoscale materials.

According to the authors, although new TSCA dramatically changes how the US Environmental Protection Agency (EPA) evaluates and manages industrial chemicals, including nanoscale chemicals, the absence of words or phrases such as nano or nanoscale materials means that there are no specific or additional requirements that apply explicitly to such materials.  This is a significant shift from many of the earlier TSCA reform bills, which explicitly addressed nanoscale materials by proposing new definitions such as “substance characteristics” and “special substance characteristics” that included concepts such as size or size distribution; shape; surface structure; and reactivity.  

The article focuses on the key changes in new TSCA that could affect manufacturers and processors of nanoscale materials, and notes opportunities for stakeholders to engage in forthcoming rulemaking processes and other regulatory initiatives to ensure EPA is successful in implementing new TSCA.

Click here to read the article in full.

Source: Bergeson & Campbell PC

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